10-3-16 VARIANCE PROCEDURE

Where the Appeal Authority finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, the Appeal Authority may approve variances to these development standards and subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations. Further, the Appeal Authority shall not approve variances unless it shall make findings based upon the evidence presented that the requirements outlined in this Code have been satisfied. In approving variances, the Appeal Authority may require any conditions that will, in their judgment, support the objectives of the standards or requirements of these regulations. Any variances or special exceptions to this code shall be granted only by the Appeal Authority under the provisions herein, prior to the issuance of any conditional use, master planned development, subdivision approval or any other development approval. All action on an application shall be stayed upon learning that a variance or special exception is required until the applicant shall have obtained the variance, special exception or denial by the Appeal Authority. This section sets forth procedures for considering and approving a variance to the provisions of this Title. Variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from particular unforeseen applications of the provisions of this Title that create unreasonable hardships. A. Authority. The Appeal Authority is authorized to hear and decide variances to the provisions of this Title as provided in this section. B. Initiation. A property owner, or the owner’s agent, may request a variance to the provisions of this Title as provided in Subsection 10-3-16 (D) (1) below. C. Procedure. An application for a special exemption shall be considered and processed as provided in this subsection. 1. A complete application shall be submitted to City Officials, fulfilling all requirements, fees, and requests presented therein. 2. City Staff will review the application and determine its completeness. 3. After the application is determined to be complete, the Town shall schedule a Public Hearing before the Appeal Authority. 4. Notice of the Hearing should follow procedures set forth in this Code. 2. A staff report evaluating the application shall be prepared by the Community Development Department before the Public Hearing takes place. 3. The Appeal Authority shall hold a public meeting following the guidelines and procedures set forth in this Code. As well as approve, approve with conditions or deny the application pursuant to the standards set forth in Section (D) below. 4. Record of all variances shall be maintained by the City Recorder. D. Approval Standards. In accordance with Sections of the Utah Code, the following standards shall apply to a variance. 1. The Appeal Authority may grant a variance only if: a. Literal enforcement of this Title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Title; b. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district; c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district; d. The variance will not substantially affect the General Plan e. The variance will not affect the health, safety, and welfare of the general public. f. The spirit of this Title is observed and substantial justice done. 2. The Appeal Authority may not find an unreasonable hardship unless the alleged hardship: a. is located on or associated with the property for which the variance is sought b. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. 3. The Appeal Authority may not find an unreasonable hardship exists if the hardship is self-imposed or economic. 4. The Appeal Authority may find that special circumstances exist only if the special circumstances: a. relate to the hardship complained of; and b. deprive the property of privileges granted to other properties in the same zoning district. 5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. 6. Variances run with the land. 7. The Appeal Authority may not grant a use variance. 8. In granting a variance, the Appeal Authority may impose additional requirements on an applicant that will: a. Mitigate any harmful effects of the variance; or b. Serve the purpose of the standard or requirement that is waived or modified. 9. The Appeal Authority may grant a more restrictive variance than that requested, when the record supports the applicant's right to relief, but not to the extent requested. E. Appeal of Decision. Any person adversely affected by a decision of the Appeal Authority regarding a variance may only appeal such decision to the District Court as provided in Utah State Code (10-9a-801). F. Effect of Approval. A variance shall not authorize the establishment of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this Code or other applicable provisions of the Randolph City Code. G. Amendments. The procedure for amending any variance decision shall be the same as the original procedure set forth in this Section. H. Expiration. Variances shall not expire but shall run with the land. I.